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nationality, state succession and territorial changes, barriers to birth and other
civil registration procedures, administrative oversight, renunciation of one
nationality without acquiring another, being born to a stateless person,
marriage or divorce, and denationalisation.15 In the view of one leading
scholar, the ‘primary injustice’ experienced by stateless persons ‘is not that
they cannot find a state to grant them citizenship but that the state which
should grant them citizenship will, for various reasons, not do so.’16 As Blitz
and Lynch have noted, although many stateless persons effectively ‘struggle to
exist’,17 the conferral of citizenship on once-stateless populations offers ‘very
real and important material and non-material benefits at both the community
and individual levels.’18
Yet in many countries, including Australia, there is no formal mechanism
in place to identify stateless persons. While some may be discovered through
the refugee status determination process, others may go undetected. Even
when a stateless person is identified, there is no domestic legal status that
attaches unless he or she is also recognised as a refugee or beneficiary of
complementary protection. As such, he or she may be at risk of indefinite
detention, or only be eligible for a temporary visa with a limited set
of entitlements.19
15
See generally Laura van Waas, Nationality Matters: Statelessness under International Law
(Intersentia, 2008); Hélène Lambert, Refugee Status, Arbitrary Deprivation of Nationality, and
Statelessness within the Context of Article 1A(2) of the 1951 Convention and Its 1967 Protocol
Relating to the Status of Refugees, UN Doc PPLA/2014/01 (October 2014) 14
<http://www.unhcr.org/5433f0f09.html>; P Weis, Nationality and Statelessness in International Law (Sijthoff and Noordhoff, 2nd ed, 1979); UNHCR, ‘Gender Equality Background Note’,
above n 14.
16
Matthew J Gibney, ‘Statelessness and the Right to Citizenship’ (2009) 32 Forced Migration
Review 50, 50.
17
Maureen Lynch and Brad K Blitz, ‘Summary and Conclusions’ in Brad K Blitz and Maureen
Lynch (eds), Statelessness and Citizenship: A Comparative Study on the Benefits of Nationality
(Edward Elgar, 2011) 194, 195.
18
Ibid 203. See also Lindsey N Kingston and Kathryn R Stam, ‘Recovering from Statelessness:
Resettled Bhutanese-Nepali and Karen Refugees Reflect on the Lack of Legal Nationality’
(2016) Journal of Human Rights (forthcoming).
19
See the discussion in Foster, McAdam and Wadley, above n 6.